Hawaii

In Hawaii in May 1993, a state supreme court responded seriously to an ad hoc marriage lawsuit—for the first time ever. Without the backing of any organized LGBT group, local or national, three same-sex couples sued Hawaii for marriage licenses. In Baehr v. Lewin (later Baehr v Miike), the Hawaii Supreme Court suggested that these couples had a point, and that such a denial might be sex discrimination. The Hawaii Supreme Court sent the case back down to the trial court for a new hearing. Soon thereafter, the Hawaii legislature passed the Reciprocal Beneficiaries statute, which made it easier for unmarried friends, partners, or family members to care for each other.

The 1993 Hawaii Supreme Court decision was only preliminary, and had not yet granted marriage rights. Nevertheless, it gave birth to the organized marriage equality movement—and, simultaneously, the organized anti-marriage movement. Anti-gay forces had long been arguing that any legal recognition of same-sex partnerships—even the ability to pass on a rent-controlled lease—was an attack on the institution of marriage. In response to Baehr, anti-gay forces introduced into state legislatures and the U.S. Congressa proposal called a "Defense of Marriage Act," limiting marriage to "one man and one woman." Because there had as yet been no serious public discussion of the issue, these measures almost always passed.

Marriage equality advocates began organizing in a wide variety of ways. However, that did not happen quickly enough in Hawaii. There, voters passed a constitutional amendment that gave the Hawaii legislature the power to amend its constitution to restrict marriage to one man and one woman. The Hawaii Supreme Court took the hint and let Baehr v. Miike die, without granting marriage rights. To this day, although Hawaii same-sex couples do have some protections with reciprocal beneficiaries, state advocates continue to work towards achieving fullequality with marriage.

Status: Some Protections for Couples, Anti-Marriage Law

Groups Actively Working on Marriage

Equality Hawaii: the central statewide organization dedicated to securing equal marriage rights for gay, lesbian, bisexual, and transgender people and their families in Hawaii